Y. Abul Failat, Third Party Access to Infrastructure in the United Kingdom Continental Shelf: An unhappy mix of Heavy-Handed Regulation and Light-Handed Regulation

“An unhappy mix of poorly-drafted legislation; Statutory Guidance relative to the Ministerial power which is unfit for purpose; and a well-meaning but essentially useless industry code of best practice.” The objective of this paper is to provide a synopsis on both hard law and soft law instruments addressing third-party access (“TPA”) to infrastructure in the UKCS. Firstly, the paper will outline the scope and purpose of TPA; followed by an outline and evaluation of the regulatory regime under the recently enacted Energy Act 2011 (“Act”) and the Infrastructure Code of Practice (“ICOP”). Finally, it will provide a conclusion on whether these instruments adequately address the issues of TPA and whether they are effective.

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